Declaration of Brian Danitz — In re Bank of America California Unemployment Benefits Litigation (Dkt. 465-1, S.D. Cal. No. 3:21-md-02992)

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U.S. District Court for the Southern District of California · No. 3:21-md-02992-GPC-MSB · Doc. 465-1 · 2025-04-25 · Docket on CourtListener

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Declaration of Brian Danitz ISO Opposition to Defendant’s Motion for Protective Order;  
Case No. 3:21-md-02992-GPC-MSB
 
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JOSEPH W. COTCHETT (SBN 36324) 
jcotchett@cpmlegal.com 
BRIAN DANITZ (SBN 247403) 
bdanitz@cpmlegal.com 
KARIN B. SWOPE (Pro Hac Vice) 
kswope@cpmlegal.com 
BLAIR V. KITTLE (SBN 336367) 
bkittle@cpmlegal.com 
VASTI S. MONTIEL (SBN 346409) 
vmontiel@cpmlegal.com 
CAROLINE A. YUEN (SBN 354388) 
cyuen@cpmlegal.com 
COTCHETT, PITRE & McCARTHY, LLP 
840 Malcolm Road, Suite 200 
Burlingame, CA 94010 
Telephone: (650) 697-6000 
Fax: (650) 697-0577 
MICHAEL RUBIN (SBN 80618) 
mrubin@altber.com 
STACEY M. LEYTON (SBN 203827) 
sleyton@altber.com 
CONNIE K. CHAN (SBN 284230) 
cchan@altber.com 
KATHERINE G. BASS (SBN 344748) 
kbass@altber.com 
COLIN C. JONES (SBN 354301) 
cjones@altber.com 
CAROLINE HUNSICKER (SBN 356917) 
chunsicker@altber.com 
ALTSHULER BERZON LLP 
177 Post Street, Suite 300 
San Francisco, CA 94108 
Telephone: (415) 421-7151 
Fax: (415) 362-8064 
Co-Lead Counsel for Plaintiffs and the Proposed Class  
 
UNITED STATES DISTRICT COURT 
SOUTHERN DISTRICT OF CALIFORNIA 
IN RE BANK OF AMERICA 
CALIFORNIA UNEMPLOYMENT 
BENEFITS LITIGATION 
Case No. 3:21-md-02992-GPC-MSB 
 
DECLARATION OF BRIAN DANITZ 
IN SUPPORT OF OPPOSITION TO 
DEFENDANT’S MOTION FOR A 
PROTECTIVE ORDER 
 
This Document Relates to All Actions 
Judge:  
Hon. Gonzalo P. Curiel 
Ctrm:  
2D (2nd Floor) 
 
Case 3:21-md-02992-GPC-MSB     Document 465-1     Filed 04/25/25     PageID.27549 
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Declaration of Brian Danitz ISO Opposition to Defendant’s Motion for Protective Order;  
Case No. 3:21-md-02992-GPC-MSB
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I, BRIAN DANITZ, declare as follows: 
1. 
I am a partner at the law firm of Cotchett, Pitre & McCarthy, LLP, Co-Lead 
Counsel for Plaintiffs and the Proposed Class in this multi-district litigation. I submit this 
declaration in support of the Opposition to Defendants’ Motion for Protective Order. I 
have personal knowledge of the matters stated herein and, if called as a witness, I could 
and would testify competently thereto.  
2. 
Attached hereto as Exhibit 1 is a true and correct copy of Board of Director 
Meeting Minute Excepts produced by Defendant Bank of America (the “Bank”), dated 
October 6, 2020. 
3. 
Attached hereto as Exhibit 2 is a true and correct copy of Board of Directors 
Meeting Minutes produced by the Bank, dated October 6, 2020. 
4. 
Attached hereto as Exhibit 3 is a true and correct copy of Board of Directors 
Meeting Minutes produced by the Bank, dated November 30, 2020.  
5. 
Attached hereto as Exhibit 4 is a true and correct copy of an email produced 
by the Bank, from Emily Crenshaw to William M. Martin, dated September 2, 2020. 
6. 
Attached hereto as Exhibit 5 is a true and correct copy of an email produced 
by the Bank, from Gregory B. Kavanaugh to Paul Acomb, dated September 27, 2020. 
7. 
Attached hereto as Exhibit 6 is a true and correct copy of an email produced 
by the Bank, from Gregory B. Kavanaugh to Bradley Garfield, dated September 10, 
2020. 
8. 
Attached hereto as Exhibit 7 is a true and correct copy of an email produced 
by the Bank, from Ryan J. Schwartz to Anne Holt, dated September 19, 2020.  
9. 
Attached hereto as Exhibit 8 is a true and correct copy of an email produced 
by the Bank, from Paul Simpson to William Golden, dated September 21, 2020. 
10. 
Attached hereto as Exhibit 9 is a true and correct copy of an email produced 
by the Bank, from Jose Firpi to Megan Buchheit, dated September 21, 2020. 
11. 
Attached hereto as Exhibit 10 is a true and correct copy of an email 
produced by the Bank, from Faiz Ahmad to Paul Donofrio, dated September 23, 2020. 
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Declaration of Brian Danitz ISO Opposition to Defendant’s Motion for Protective Order;  
Case No. 3:21-md-02992-GPC-MSB
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12. 
Attached hereto as Exhibit 11 is a true and correct copy of an email 
produced by the Bank, from Jose Firpi to William Fox, dated September 23, 2020. 
13. 
Attached hereto as Exhibit 12 is a true and correct copy of an email 
produced by the Bank, from Gregory B. Kavanaugh to Brian T. Moynihan, dated 
September 25, 2020. 
14. 
Attached hereto as Exhibit 13 is a true and correct copy of an email 
produced by the Bank, from William Golden to William Lorenz, dated September 28, 
2020. 
15. 
Attached hereto as Exhibit 14 is a true and correct copy of an email 
produced by the Bank, from Renee T. Johnson to Bradley Garfield, dated September 29, 
2020. 
16. 
Attached hereto as Exhibit 15 is a true and correct copy of an email 
produced by the Bank, from Dean Athanasia to Brian T. Moynihan, dated October 31, 
2020. 
17. 
Attached hereto as Exhibit 16 is a true and correct copy of an email 
produced by the Bank, from William Golden to Jackleen N. Govoni, dated December 2, 
2020. 
18. 
Attached hereto as Exhibit 17 is a true and correct copy of an email 
produced by the Bank, from Jennifer M. Ehresman to Renee T. Johnson, dated December 
15, 2020. 
19. 
Attached hereto as Exhibit 18 is a true and correct copy of an email 
produced by the Bank, from Cathy P. Bessant to Kellie Wheeling, dated December 15, 
2020. 
20. 
Attached hereto as Exhibit 19 is a true and correct copy of an email 
produced by the Bank, to Christine K. Channels dated December 16, 2020. 
21. 
Attached hereto as Exhibit 20 is a true and correct copy of an email 
produced by the Bank, from Faiz Ahmad to Gregory B. Kavanaugh, dated December 17, 
2020. 
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Declaration of Brian Danitz ISO Opposition to Defendant’s Motion for Protective Order;  
Case No. 3:21-md-02992-GPC-MSB
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22. 
Attached hereto as Exhibit 21 is a true and correct copy of an email 
produced by the Bank, from Holly O’Neill to Christine K. Channels, dated January 21, 
2021. 
23. 
Attached hereto as Exhibit 22 is a true and correct copy of an email 
produced by the Bank, containing a cardholder complaint sent to Brian T. Moynihan, 
dated October 15, 2020. 
24. 
Attached hereto as Exhibit 23 is a true and correct copy of an email 
produced by the Bank, containing a cardholder complaint sent to Brian T. Moynihan, 
dated October 23, 2020. 
25. 
Attached hereto as Exhibit 24 is a true and correct copy of an email 
produced by the Bank, containing a cardholder complaint sent to Brian T. Moynihan, 
dated October 23, 2020. 
26. 
Attached hereto as Exhibit 25 is a true and correct copy of an email 
produced by the Bank, containing a cardholder complaint sent to Brian T. Moynihan, 
dated November 3, 2020. 
27. 
Attached hereto as Exhibit 26 is a true and correct copy of an email 
produced by the Bank, containing a cardholder complaint sent to Brian T. Moynihan, 
dated November 10, 2020. 
28. 
Attached hereto as Exhibit 27 is a true and correct copy of an email 
produced by the Bank, containing a cardholder complaint sent to Brian T. Moynihan, 
dated November 13, 2020. 
29. 
Attached hereto as Exhibit 28 is a true and correct copy of an email 
produced by the Bank, containing a cardholder complaint sent to Brian T. Moynihan, 
dated November 17, 2020. 
30. 
Attached hereto as Exhibit 29 is a true and correct copy of an email 
produced by the Bank, containing a cardholder complaint sent to Thomas Montag and 
Brian T. Moynihan, dated November 20, 2020. 
31. 
Attached hereto as Exhibit 30 is a true and correct copy of an email 
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Declaration of Brian Danitz ISO Opposition to Defendant’s Motion for Protective Order;  
Case No. 3:21-md-02992-GPC-MSB
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produced by the Bank, containing a cardholder complaint sent to Brian T. Moynihan, 
dated December 24, 2020. 
32. 
Attached hereto as Exhibit 31 is a true and correct copy of an email 
produced by the Bank, containing a cardholder complaint sent to Brian T. Moynihan, 
dated January 11, 2021. 
33. 
Attached hereto as Exhibit 32 is a true and correct copy of an email 
produced by the Bank, containing a cardholder complaint sent to Brian T. Moynihan, 
dated February 20, 2021. 
34. 
Attached hereto as Exhibit 33 is a true and correct copy of an email 
produced by the Bank, containing a cardholder complaint sent to Brian T. Moynihan, 
dated February 23, 2021. 
35. 
Attached hereto as Exhibit 34 is a true and correct copy of an email 
produced by the Bank, containing a cardholder complaint sent to Brian T. Moynihan, 
dated February 23, 2021. 
36. 
Attached hereto as Exhibit 35 is a true and correct copy of an email 
produced by the Bank, containing a cardholder complaint sent to Brian T. Moynihan, 
dated February 23, 2021. 
37. 
Attached hereto as Exhibit 36 is a true and correct copy of an email 
produced by the Bank, containing a cardholder complaint sent to Brian T. Moynihan, 
dated February 23, 2021. 
38. 
Attached hereto as Exhibit 37 is a true and correct copy of an email 
produced by the Bank, containing a cardholder complaint sent to Brian T. Moynihan, 
dated February 25, 2021. 
39. 
Attached hereto as Exhibit 38 is a true and correct copy of an email 
produced by the Bank, containing a cardholder complaint sent to Brian T. Moynihan, 
dated February 25, 2021. 
40. 
Attached hereto as Exhibit 39 is a true and correct copy of an email 
produced by the Bank, containing a cardholder complaint sent to Brian T. Moynihan, 
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Declaration of Brian Danitz ISO Opposition to Defendant’s Motion for Protective Order;  
Case No. 3:21-md-02992-GPC-MSB
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dated April 6, 2021. 
41. 
Attached hereto as Exhibit 40 is a true and correct copy of excerpts to the 
deposition transcript of Jennifer Lennon, dated February 23, 2024. 
42. 
Attached hereto as Exhibit 41 is a true and correct copy of excerpts to the 
deposition transcript of Renee Johnson, dated May 7, 2024. 
43. 
Attached hereto as Exhibit 42 is a true and correct copy of a letter to Brian 
T. Moynihan from the California Legislature, dated November 24, 2020. 
44. 
Attached hereto as Exhibit 43 is a true and correct copy of an email 
produced by the Bank, from Paul Donofrio to Thomas K. Montag, dated August 6, 2020.  
45. 
Attached hereto as Exhibit 44 is a true and correct copy of an email 
produced by the Bank, from Gregory B. Kavanaugh to Thomas K. Montag, dated 
September 11, 2020.  
46. 
Attached hereto as Exhibit 45 is a true and correct copy of an email 
produced by the Bank, from John Lawlor to James DeMare, dated September 22, 2020.  
47. 
Attached hereto as Exhibit 46 is a true and correct copy of an email 
produced by the Bank, from Jose Firpi to William Fox, dated September 23, 2020.  
48. 
Attached hereto as Exhibit 47 is a true and correct copy of an email 
produced by the Bank, from John Lawlor to James DeMare, dated September 23, 2020.  
49. 
Attached hereto as Exhibit 48 is a true and correct copy of Committee 
Minutes produced by the Bank, dated September 29, 2020.  
50. 
Attached hereto as Exhibit 49 is a true and correct copy of excerpts to the 
deposition transcript of Paul Simpson, dated February 21, 2025. 
51. 
Attached hereto as Exhibit 50 is a true and correct copy of excerpts to the 
deposition transcript of Faiz A. Ahmad, dated January 29, 2025. 
52. 
Attached hereto as Exhibit 51 is a true and correct copy of excerpts to the 
deposition transcript of William J. Fox, dated February 13, 2025. 
53. 
Attached hereto as Exhibit 52 is a true and correct copy of excerpts to the 
deposition transcript of Jennifer Ehresman, dated February 19, 2025. 
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Declaration of Brian Danitz ISO Opposition to Defendant’s Motion for Protective Order;  
Case No. 3:21-md-02992-GPC-MSB
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54. 
Attached hereto as Exhibit 53 is a true and correct copy of excerpts to the 
deposition transcript of Melissa Ramirez, dated February 11, 2025. 
55. 
Attached hereto as Exhibit 54 is a true and correct copy of excerpts to the 
deposition transcript of Bradley Garfield, dated December 10, 2024. 
56. 
Attached hereto as Exhibit 55 is a true and correct copy of an email 
produced by the Bank, from Anne Holt to Ryan J. Schwartz and Michael J. Letson, dated 
September 19, 2020.  
57. 
Attached hereto as Exhibit 56 is a true and correct copy of an email 
produced by the Bank, from Paul Simpson to William Golden, dated September 21, 
2020.  
58. 
Attached hereto as Exhibit 57 is a true and correct copy of an email 
produced by the Bank, from Paul Simpson to William Fox, dated September 25, 2020.  
59. 
Attached hereto as Exhibit 58 is a true and correct copy of an email 
produced by the Bank, from Paul Simpson to Faiz Ahmad, dated September 27, 2020.  
60. 
Attached hereto as Exhibit 59 is a true and correct copy of an email 
produced by the Bank, from Bradley Garfield to Paul Simpson, dated September 28, 
2020. 
61. 
Attached hereto as Exhibit 60 is a true and correct copy of an email 
produced by the Bank, from William Fox to Faiz Ahmad, dated September 28, 2020.  
62. 
Attached hereto as Exhibit 61 is a true and correct copy of an email 
produced by the Bank, from Christine Channels to Jennifer Ehresman, dated September 
23, 2020. 
63. 
Attached hereto as Exhibit 62 is a true and correct copy of an email 
produced by the Bank, from Cathy Bessant to Dean Athanasia, dated November 30, 
2020.  
64. 
Attached hereto as Exhibit 63 is a true and correct copy of an email 
produced by the Bank, from Thomas Montag to Paul Donofrio, dated August 6, 2020. 
65. 
Attached hereto as Exhibit 64 is a true and correct copy of a Report 
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Declaration of Brian Danitz ISO Opposition to Defendant’s Motion for Protective Order;  
Case No. 3:21-md-02992-GPC-MSB
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produced by the Bank, dated October 9, 2020. 
66. 
Attached hereto as Exhibit 65 is a true and correct copy of an email 
produced by the Bank, dated September 28, 2020. 
 
I declare under penalty of perjury that the foregoing is true and correct. Executed 
on April 25, 2025 at Burlingame, California. 
 
 
 
 
 
 
 
 
/s/ Brian Danitz 
 
 
 
 
 
 
 
 
 
 
    Brian Danitz 
Case 3:21-md-02992-GPC-MSB     Document 465-1     Filed 04/25/25     PageID.27556 
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